T 0455/03 (Polysiloxane/AMERON) of 05.07.2005
- European Case Law Identifier
- ECLI:EP:BA:2005:T045503.20050705
- Date of decision
- 5 July 2005
- Case number
- T 0455/03
- Petition for review of
- -
- Application number
- 93923207.0
- IPC class
- C09K 3/18
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen and members (B)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Polysiloxane coating
- Applicant name
- Ameron International Corporation
- Opponent name
- J. C. Hempel's Skibsfarve-Fabrik A/S
- Board
- 3.3.01
- Headnote
1. An amorphous request not specifying the wording of the claims sought but leaving it to the Board to identify and to speculate on the intended text of the claims is not consistent with the requirements of the EPC.
2. No party can expect, in particular in inter partes proceedings, that the Board provides procedural assistance by, in effect, taking on the role of a party and choosing the appropriate moment in the proceedings for the submission of a further request striving to overcome the deficiencies and, by indicating this moment to that party.
- Relevant legal provisions
- European Patent Convention Art 113(2) 1973European Patent Convention Art 123(2) 1973
- Keywords
- Late filed requests (not admitted) - clearly not allowable
Intention of submitting fresh requests after closure of the debate (not allowed) - debate not reopened - amorphous request - no procedural assistance for a party provided by the Board - tactical abuse - Catchword
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ORDER
For these reasons it is decided that:
The appeal is dismissed.